Philippine Bar review · Question

Practice question: Self-executing and Non-self-executing Provisions

Multiple Choice Medium Jurisprudence

Practice question

A qualified Filipino bidder invokes Article XII, Section 10, second paragraph, in a State transaction involving national patrimony. The agency refuses even to consider the command solely because Congress has enacted no implementing law. Is that stated reason sufficient?
  1. Yes, because every economic clause is non-self-executing.
  2. No, because Manila Prince treats this particular constitutional command as self-executing.
  3. Yes, because agencies may suspend constitutional duties by bidding rules.
  4. No, because any Filipino bidder automatically wins every State transaction.
  5. Yes, unless the bidder first obtains a constitutional amendment.

Legal references

  • 1987 Constitution, Article XII Section 10 second paragraph: https://lawphil.net/consti/cons1987.html
  • Manila Prince Hotel v. GSIS, G.R. No. 122156, February 3, 1997, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/34508

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